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A3570 - Summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee)…(view more) provides for issuance of limited permits under specified circumstances; identifies exempt persons.

S T A T E O F N E W Y O R K
________________________________________________________________________
3570
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law and the social services law, in
relation to the practice of school psychology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 167 to
read as follows:
ARTICLE 167
SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".
8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
8725. LIMITED PERMITS.
8726. EXEMPTIONS.
8727. SPECIAL PROVISIONS.
S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".
S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03598-03-3

A. 3570 2
COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS; AND
4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
(II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
(III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
CONTEXTS;
(IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
(V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
(VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
(VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
(VIII) RESEARCH AND PROGRAM EVALUATION;
(IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
(X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
A. 3570 3
7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
(A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
(B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO:
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
A. 3570 4
HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
(A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
(B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
(A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
(B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, IN THE
PRACTICE OF SUCH LICENSED PROFESSION.
S 2. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended to read
as follows:
A. 3570 5
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative arts therapist, licensed marriage and family therapist,
licensed mental health counselor, licensed psychoanalyst, or dental
hygienist shall, in addition to all the other licensure, certification
or permit requirements, have completed two hours of coursework or train-
ing regarding the identification and reporting of child abuse and
maltreatment. The coursework or training shall be obtained from an
institution or provider which has been approved by the department to
provide such coursework or training. The coursework or training shall
include information regarding the physical and behavioral indicators of
child abuse and maltreatment and the statutory reporting requirements
set out in sections four hundred thirteen through four hundred twenty of
the social services law, including but not limited to, when and how a
report must be made, what other actions the reporter is mandated or
authorized to take, the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators of
the abuse of individuals with mental retardation and other developmental
disabilities and voluntary reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities or the
local adult protective services unit. Each applicant shall provide the
department with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
S 3. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; hospital personnel engaged in the admission,
examination, care or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is not limited to school
A. 3570 6
teacher, school guidance counselor, school psychologist, school social
worker, school nurse, school administrator or other school personnel
required to hold a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
S 7602. State board for psychology. A state board for psychology
shall be appointed by the board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES. An executive secretary to the board shall be appointed by
the board of regents upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 6. This act shall take effect January 1, 2014; provided, however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such effective date, then the amendments made to paragraph (a)
of subdivision 1 of section 413 of the social services law by section
three of this act shall take effect on the same date and same manner as
section 3 of part D of chapter 501 of the laws of 2012, as amended,
takes effect; provided that the department of education is authorized to
promulgate any and all rules and regulations and take any other measure
necessary to implement this act on or before its effective date, includ-
ing, but not limited to, the appointment of the state board for psychol-
ogy, the acceptance and processing of applications for licensure and the
issuance of licenses; provided further that the provisions of article
167 of the education law, as added by section one of this act, requiring
a license or limited permit to practice under such article shall not be
enforced until January 1, 2015.

A3570A - Summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee)…(view more) provides for issuance of limited permits under specified circumstances; identifies exempt persons.

S T A T E O F N E W Y O R K
________________________________________________________________________
3570--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. ROSENTHAL, MILLER -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law and the social services law, in
relation to the practice of school psychology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 167 to
read as follows:
ARTICLE 167
SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".
8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
8725. LIMITED PERMITS.
8726. EXEMPTIONS.
8727. SPECIAL PROVISIONS.
S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".
S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03598-05-3

A. 3570--A 2
1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS; AND
4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
(II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
(III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
CONTEXTS;
(IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
(V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
(VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
(VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
(VIII) RESEARCH AND PROGRAM EVALUATION;
(IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
(X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
A. 3570--A 3
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
(A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
(B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO:
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
A. 3570--A 4
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST,
LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
(A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
(B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
(A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
(B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
APPROVED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.
A. 3570--A 5
S 2. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative arts therapist, licensed marriage and family therapist,
licensed mental health counselor, licensed psychoanalyst, or dental
hygienist shall, in addition to all the other licensure, certification
or permit requirements, have completed two hours of coursework or train-
ing regarding the identification and reporting of child abuse and
maltreatment. The coursework or training shall be obtained from an
institution or provider which has been approved by the department to
provide such coursework or training. The coursework or training shall
include information regarding the physical and behavioral indicators of
child abuse and maltreatment and the statutory reporting requirements
set out in sections four hundred thirteen through four hundred twenty of
the social services law, including but not limited to, when and how a
report must be made, what other actions the reporter is mandated or
authorized to take, the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators of
the abuse of individuals with mental retardation and other developmental
disabilities and voluntary reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities or the
local adult protective services unit. Each applicant shall provide the
department with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
S 3. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
A. 3570--A 6
licensed psychoanalyst; hospital personnel engaged in the admission,
examination, care or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is not limited to school
teacher, school guidance counselor, school psychologist, school social
worker, school nurse, school administrator or other school personnel
required to hold a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
S 7602. State board for psychology. A state board for psychology
shall be appointed by the board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES. An executive secretary to the board shall be appointed by
the board of regents upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 6. This act shall take effect January 1, 2015; provided that the
department of education is authorized to promulgate any and all rules
and regulations and take any other measure necessary to implement this
act on or before its effective date, including, but not limited to, the
appointment of the state board for psychology, the acceptance and proc-
essing of applications for licensure and the issuance of licenses;
provided further that the provisions of article 167 of the education
law, as added by section one of this act, requiring a license or limited
permit to practice under such article shall not be enforced until Janu-
ary 1, 2016.

A3570B (ACTIVE) - Summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee)…(view more) provides for issuance of limited permits under specified circumstances; identifies exempt persons.

S T A T E O F N E W Y O R K
________________________________________________________________________
3570--B
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. ROSENTHAL, MILLER, SCARBOROUGH, CLARK, OTIS,
SKOUFIS -- Multi-Sponsored by -- M. of A. MAYER -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Higher Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law and the social services law, in
relation to the practice of school psychology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 166-A
to read as follows:
ARTICLE 166-A
SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".
8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
8725. LIMITED PERMITS.
8726. EXEMPTIONS.
8727. SPECIAL PROVISIONS.
S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03598-07-4

A. 3570--B 2
SHALL PRACTICE SCHOOL PSYCHOLOGY OR USE THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".
S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
1. THE ASSESSMENT, INCLUDING PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, TO INDIVIDUAL STUDENTS OR GROUPS OF STUDENTS THAT RELATE TO
LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
2. THE DEVELOPMENT AND IMPLEMENTATION OF EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC SUCCESS, COUNSELING AND INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL ASSISTANCE OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS TO THE
BENEFIT OF AN INDIVIDUAL STUDENT OR GROUP OF STUDENTS; AND
4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
S 8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY THE
DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
(I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
(II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
(III) ASSESSMENT AND APPRAISAL OF LEARNERS IN HOME AND SCHOOL
CONTEXTS;
(IV) CONSULTATION AND COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
(V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
(VI) PREVENTION AND TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
(VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
(VIII) RESEARCH AND PROGRAM EVALUATION;
(IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
(X) COMPLETION OF A TWELVE HUNDRED HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
A. 3570--B 3
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL BE DEEMED
PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH ILLNESS. SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL CARE IS INDICATED FOR SUCH
ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR
DEPRESSIVE DISORDER, PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL. NOTH-
ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY AS PROVIDED IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
(A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
(B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
(C) ENGAGING IN DUAL SETTING PRACTICE, OR OTHERWISE OFFERING OR
PROVIDING PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR SPECIAL
EDUCATION PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR UNDER
CONTRACT WITH SUCH SCHOOL OR PROGRAM.
3. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE, GRANT OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
S 8725. LIMITED PERMITS. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
S 8726. EXEMPTIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO:
A. 3570--B 4
1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF THIS TITLE, OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE,
OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED
BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED
SIXTY-SIX-A OF THIS TITLE; PROVIDED, HOWEVER, THAT NO PHYSICIAN, PHYSI-
CIAN'S ASSISTANT, REGISTERED PROFESSIONAL NURSE, PSYCHOLOGIST, LICENSED
CLINICAL SOCIAL WORKER, LICENSED MENTAL HEALTH COUNSELOR, LICENSED
MARRIAGE AND FAMILY THERAPIST, LICENSED CREATIVE ARTS THERAPIST,
LICENSED PSYCHOANALYST OR APPLIED BEHAVIOR ANALYST MAY USE THE TITLE
UNLESS LICENSED UNDER THIS ARTICLE;
2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
3. PROHIBIT OR LIMIT THE PRACTICE OF A PROFESSION LICENSED PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION;
5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR NOT-FOR-PROFIT BUSINESSES, FROM PROVIDING INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS;
6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE; OR
7. AFFECT OR PREVENT THE ACTIVITIES OR SERVICES ON THE PART OF A
PERSON IN THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY,
OTHER POLITICAL SUBDIVISION, OR A CHARTERED ELEMENTARY OR SECONDARY
SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
ITIES AND SERVICES ARE A PART OF THE DUTIES OF SUCH PERSON'S SALARIED
POSITION.
S 8727. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION OF SCHOOL PSYCHOLOGY SHALL APPLY FOR A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
(A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
(B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
WITHIN THIS ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
A. 3570--B 5
ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
2. NOTWITHSTANDING THE REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
(A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
(B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
APPROVED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.
4. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR AFFECT
THE PROVISIONS OF SECTION THREE THOUSAND TWELVE OR TWENTY-FIVE HUNDRED
TEN OF THIS CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION OF A SCHOOL
PSYCHOLOGIST.
S 2. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, LICENSED SCHOOL PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative arts therapist, licensed marriage and family therapist,
licensed mental health counselor, licensed psychoanalyst, dental hygien-
ist, licensed behavior analyst, or certified behavior analyst assistant
shall, in addition to all the other licensure, certification or permit
requirements, have completed two hours of coursework or training regard-
ing the identification and reporting of child abuse and maltreatment.
The coursework or training shall be obtained from an institution or
provider which has been approved by the department to provide such
coursework or training. The coursework or training shall include infor-
mation regarding the physical and behavioral indicators of child abuse
and maltreatment and the statutory reporting requirements set out in
sections four hundred thirteen through four hundred twenty of the social
services law, including but not limited to, when and how a report must
be made, what other actions the reporter is mandated or authorized to
take, the legal protections afforded reporters, and the consequences for
failing to report. Such coursework or training may also include informa-
tion regarding the physical and behavioral indicators of the abuse of
individuals with mental retardation and other developmental disabilities
and voluntary reporting of abused or neglected adults to the office of
mental retardation and developmental disabilities or the local adult
protective services unit. Each applicant shall provide the department
with documentation showing that he or she has completed the required
training. The department shall provide an exemption from the child abuse
and maltreatment training requirements to any applicant who requests
A. 3570--B 6
such an exemption and who shows, to the department's satisfaction, that
there would be no need because of the nature of his or her practice for
him or her to complete such training;
S 3. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, is amended
to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; SCHOOL PSYCHOLOGIST; registered nurse; social worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; licensed behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a Christian Science practitioner;
school official, which includes but is not limited to school teacher,
school guidance counselor, school psychologist, school social worker,
school nurse, school administrator or other school personnel required to
hold a teaching or administrative license or certificate; social
services worker; director of a children's overnight camp, summer day
camp or traveling summer day camp, as such camps are defined in section
thirteen hundred ninety-two of the public health law; day care center
worker; school-age child care worker; provider of family or group family
day care; or any other child care or foster care worker; mental health
professional; substance abuse counselor; alcoholism counselor; all
persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
S 7602. State board for psychology. A state board for psychology
shall be appointed by the board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A NUMBER OF WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES. An executive secretary to the board shall be appointed by
the board of regents upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
A. 3570--B 7
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 6. This act shall take effect January 1, 2016; provided that if
section 11 of chapter 554 of the laws of 2013 shall not have taken
effect on or before such date, then section two of this act shall take
effect on the same date and in the same manner as such section 11 takes
effect; provided that if section 12 of chapter 554 of the laws of 2013
shall not have taken effect on or before such date then section three of
this act shall take effect on the same date and in the same manner as
such section 12 takes effect; provided further that the department of
education is authorized to promulgate any and all rules and regulations
and take any other measure necessary to implement this act on or before
its effective date, including, but not limited to, the appointment of
the state board for psychology, the acceptance and processing of appli-
cations for licensure and the issuance of licenses; provided further
that the provisions of article 166-A of the education law, as added by
section one of this act, requiring a license or limited permit to prac-
tice under such article shall not be enforced until January 1, 2017.

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